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Viewing 20 posts - 12,981 through 13,000 (of 16,319 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You could be actually increasing your risk by buying property jointly. What happens if the other person simply refuses to pay and walks out?

    If you are sure about doing it together, go a written agreement drawn up covering things such as who pays what, what happens if one wants out and the other doesn’t etc.

    You could use a unit trust with your units held individually or owns by a discretionary trust. This will had to the cost a bit. But may be worth it if you are going to do more than one property.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    The problem with caveats, is the owner will have to consent to yours and then to the person that buys the option from you. This may be difficult to negotiate.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    They could always do a search to see if you owned property in your name, then check this to see if there is a mortgage. But this would be time consuming and costly, they would have to also search each state separately.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I have spoken to a few good accountants about this and have received conflicting advice. I can point you in the direction of one in Sydney who would probably say it is deductible. pls PM me if needed.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Originally posted by TMA:

    Originally posted by Terryw:

    It is not lying on the contract. Stacking the contract may be a way to get a higher valuation after settlement.

    Can you define “stacking”?

    I take it as putting a misleading amount on the contract. Misleading referring to NOT the true purchase price. How does this differ from lying? I believe this is also prohibited in legislation hence the advantageous purchase requirements most lenders have when a contract is below market price. I am sure this would also work the other way.

    Can you outline the process you mentioned above please? How does this “stacking” etc generate a useable income for serviceability and not lose you thousands in additional stamp duty and tax?

    I am unaware of any legislation covering this.

    Stacking the contract up to a higher amount would result in a higher stamp duty amount payable. It would not help serviceability, but may help you get a subsequent valuation higher and this could result in less money needed in the deal.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes Sorry TMA. Didn’t mean to sound like that. I will let Dev tell you where he puts his money.

    let me rephrase the other bit. Bankwest will still not lend on valution if it is higher, but for mortgage insurance purposes they can base this on valuation if it is higher than purchase price.

    eg. buy a property for $80,000 that values at $100,000. They can lend $76,000 (95% of $80,000) without mortgage insurance.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I think lease options would be the same as normal rentals. The landlord should have their own insurance which would cover this. You are just renting with the option to purchase at a later date.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    I agree with TMA. If you are using a loan soley for investments, one account should be OK. The interest may have to be apportioned over a few proeprties, but even if you stuff this up, the overall figure would be the same and this would make no difference to the amount of tax payable.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    You can only get the profit if you sell. If you have equity and increase the loan, the extra portion could be paid into the home loan part, but this would not result in any tax savings. Tax deductibility is determined by use of the funds borrowed.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Just try a different lender.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    try http://www.gatherumgoss.com for Melb

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    is this one of those shared equity things – where they will lend you more, but require a percentage ownership in return?

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    It is not lying on the contract. Stacking the contract may be a way to get a higher valuation after settlement. Since you are not getting a loan at settlement, there would be no lying to the lender needed. After settlement, the lender will not require a copy of the contract, but will just go on the valuation price of the property.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    TMA

    Some people have more than 1 property and have no need for any extras. A simple IO loan is all that is needed.

    For the 95% loan with no LMI, this was for a new client as well, and it seems Bankwest are willing to do this as a matter of policy. As long as LMI are not involved (ie LVR 80% or less based on valuation), they can approve these sorts of deals.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    What is the alternative to living off equity?

    It would probably have to be selling a property. If you were to sell a property you will lose all future capital growth of that property and will also have to pay various costs. Surely this is cooking the goose (and not drawing down the capital).

    However, if you were able to keep the property and to use some of the equity, you would also be able to access future capital growth as well.

    This stategy may not suit many people, but it can help other people stop working sooner than expected. On another forum, a person commented that they were able to ‘retire’ from work (before 30) by using this strategy. This freedom from having to attend work everyday enabled them to concentrate on property and they then made more money doing up property in the 1st year than they would have made working for that year.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Nine

    One possiblitiy is to lend your money to your trust and then to buy a property for cash. Buy only bargins and Stack the contract up higher with a rebate on settlement.

    Then after settlement apply for a loan to release your funds. If you have purchased well, the valuation should come up higher and you may be able to get a loan close to 100% of what you paid for.

    Repeat the process.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Nope, The Devil did get over 80% LVR (about 84% I think) without LMI. I was once able to get someone 95% LVR without LMI with Bankwest too. Bankwest are one of my favourites as they have good service, are flexible and cheap (6.65% on the Lite Home loan). They also do loans for Hybrid Discretionary Trusts with the title in the company name and the loan in the individual’s name.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Even if the shares of the company are held by a trust, I beleive the CG is still unable to be discounted.

    One reason to hold a proeprty in a company would be to avoid stamp duty on the transfer (in Vic at least). When selling you could just sell the shares in the company, and avoid stamp duty.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Unfortunately it is still a problem – at least with one of the mortgage insurer – PMI.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Your right Dr X. it is actually MGI – affliated companies I believe.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 12,981 through 13,000 (of 16,319 total)